TROY — Council approved the final plat sections 6 and 7 of Stonebridge Meadows with a vote 8-1 on Monday.
Brock Heath voted “No” to adopt the ordinance in its fourth reading.
Various council members continued the ordinance to its fourth reading after residents complained about flooding issues.
Following the vote, Stonebridge Meadows resident Micky Hammer asked if there would be timelines implemented prior to the final escrow payment.
Director of Public Service and Safety Patrick Titterington said the city has not received any timelines yet, but the city would be reworking the escrow agreement going forward. Titterington said the city has a letter from Choice One of a list of improvements added to Phase 6 and added to the escrow agreement. Titterington said the city will withhold the escrow amounts, which will not be released until the city engineer and himself sign off when provisions are to be completed.
“My concern is that this won’t get fixed the proper way and there’s no recourse to stop her (owner and developer Judy Tomb) from finishing the planned development and basically going away and handing it over to the homeowner’s association … basically being liable for those things. I think we are going to end up catching the flack over it,” Hammer said.
Finalizing the escrow amounts will be the city’s next step, Titterington said.
Wireless support structures ordinance
Council will continue to review its rules regarding small cell facilities and wireless support structures in the city limits.
Council member Bobby Phillips requested the ordinance to go to a second reading with no objection from other members. The legislation had an emergency legislation request by city officials.
According to the report, new legislation regulates certain wireless equipment within the rights-of-way and establishes an underground utility area within the city. New state legislation was signed on May 2 to regulate such use of the rights-of-way and becomes effective 90 days thereafter. Within that 90-day window, municipalities may enact legislation that would give the municipality some ability to regulate wireless equipment within the municipal rights-of-way and establish underground utility areas.
City of Troy permit fees range from $200-$250. The small cell tower structures are usually standalone poles or devices on top of light poles, which are used to boost 5G service for cell phones.
“Recognizing that it’s municipal right-of-way and that we have home rule responsibilities, the municipals were very concerned when the state passed the first round of legislation, which was overturned as being unconstitutional. The new legislation allows us to create controls over our process as well as the design standards,” Titterington said. “In some cases where we want the technology actually to be or at least elements be underground to codify within the 90-day window so we are in compliance with the state law, but we have our own set of regulations that specify what we want. It is not us building that technology, it’s us controlling and laying out the standards, which someone can come and apply this technology.”
The ordinance will have a second reading at the June 4 meeting.
North Market Street Phase 2 update
Titterington reported the North Market Street is ahead of schedule at this time. Lanes are projected to open around July 4, weather permitting.
Titterington said some construction will continue with possible lane closures from time to time, but should be open to traffic mid-summer.
In other business:
• O-23-2018 Rezoning of 530 Crescent Drive from Office Commercial to Multiple Family Residential district
A public hearing will be held June 4. The building is under contract with the Miami County Family Abuse Shelter. The purchase agreement is contingent upon the property being rezoned to multi-family use.
Council adopted the following legislation unanimously:
• R-18-2018 Authorize LJB Inc. to design Riverside Drive Improvement Project Phase 2 for $139,000.
• R-19-2018 Application for annual allocation of CDBG funds $150,000 total.
• R-20-2018 Application for CDBG Critical Infrastructure funds of $500,000 for water main replacement project. The project area includes Harrison and Atlantic streets.
• R-21-2018 Application for $120,000 CDBG revolving loan fund balance for Lincoln Center repairs.
Various repairs and work are expected to cost $107,000 with $13,000 allocated for design and administrative costs.
• O-24-2018 Agreement for 2018 Troy Strawberry Festival
Council approved the city enter into an agreement related to the 2018 Troy Strawberry Festival on Thursday.
The agreement includes a $5,000 payment from the festival to the city to cover its costs of labor, including police, fire and utility work related to the festival. The payment will be made prior to the festival.
Troy Area Chamber of Commerce Executive Director Kathi Roetter thanked the city and its staff for its ongoing support.